Criminal Lawyers Sydney

What is Drug Driving? 

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Drug Driving involves the driving of a motor vehicle with an illicit substance present in your system. Many of the drugs that can be detected include THC (primary active ingredient in cannabis), amphetamines, cocaine or MDMA (Ecstasy Pills).

 

Police have the power to issue a penalty notice in the some of $561 and impose a 3 month licence suspension for an individual who drives with an illicit drug in their system. 

 

Can I appeal the Penalty Notice?

 

Yes, a penalty notice can be appealed to the Local Court for a number of reasons. 

These reasons include: 

 

• You are Not Guilty and have not committed the offence; or 

• You are Guilty but wish for the Court’s leniency and wish for the Court to grant you a Section 10 dismissal or a conditional release order (without a conviction) 

 

If your offence is dismissed, it has the same effect as if this matter were to never have occurred and you will have no financial penalty imposed or any traffic disqualification. 

 

What are the penalties for Drug Driving ?

 

If on your appearance at Court for a drug driving case, it is your first major traffic offence in the last 5 years, then the maximum penalty is a fine of $2,200 and a 6 month licence disqualification which the Court can reduce to 3 months. 

 

If you appear in Court and it is your second offence in 5 years or a subsequent drug driving offence then the maximum penalty is a fine of $3,300 and a 12 month licence disqualification, which the Court can reduce to 6 months. 

If you take the matter to Court and are convicted, you will be disqualified from driving by the Court. 

 

Alternatively, the Court can impose a Conditional Release Order without conviction ‘non-conviction’ / “Section 10” and you will not be disqualified and a criminal conviction will not be entered. 

 

Speak to our premier Sydney Drug Driving Lawyers at a Free Consultation to discuss your options and the prospects in your matter.